【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第5页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] (a) the scheme is governed by a trust; (b) the scheme provides benefits payable on termination of service, death, disability, retirement or winding up; and (c) all or a class of- (i) the members of the scheme; and (ii) the assets of the scheme, have been transferred to the scheme from 1 or more relevant ORSO registered schemes.(2) Without prejudice to the generality of the Authority's power under subsection (1) to issue (or not to issue) a certificate referred to in that subsection, the Authority shall, in exercising his power under that subsection in relation to an ORSO registered scheme, have regard to such of the following as are applicable- (a) whether the scheme is a new scheme established as a result of scheme restructuring or bona fide business transactions (including company amalgamation, restructuring and joint ventures); (b) if the scheme was established after the relevant date, whether the members of the original schemes were exempt from all or part of the provisions of the Ordinance by virtue of section 5 of the Ordinance; (c) whether the terms and conditions of the scheme are generally as favourable as the original schemes; and (d) whether a substantial portion of the members of the scheme comprise members of the original schemes. Cap 485B s 15 Existing members and new eligible employees to elect between relevant ORSO registered scheme and MPF scheme (1) Subject to subsections (5) and (6), the relevant employer of a relevant ORSO registered scheme shall, as soon as practicable after an application has been made under section 16- (a) in the case of any existing member, not later than- (i) 50 days before the relevant date; or (ii) 10 days after he became a relevant employee, whichever is the later;(b) in the case of a new eligible employee, not later than 10 days after the employee became such an employee,provide the member or employee, as the case may be, with, subject to subsection (8), the information specified in Part 2 of Schedule 1 in relation to- (i) the relevant ORSO registered scheme; and (ii) the MPF scheme which the member or employee, as the case may be, is entitled or enabled to become a member thereof by virtue of his employment,in the Chinese and English languages. (2) Subject to subsection (5), an existing member shall give notice in writing to the relevant employer- (a) not later than 30 days- (i) before the relevant date; or (ii) after he became a relevant employee, whichever is the later; and(b) advising the employer that the member elects- (i) to remain as a member of the relevant ORSO registered scheme; or (ii) to become a member of the MPF scheme.(3) Subject to subsection (6), a new eligible employee shall give notice in writing to the relevant employer- (a) not later than 30 days after the employee became such an employee; and (b) advising the employer that the employee elects to become a member of- (i) the relevant ORSO registered scheme; or (ii) the MPF scheme.(4) Subject to subsection (7), an existing member or new eligible employee who fails to make an election under subsection (2) or (3), as the case may be, within the period prescribed under that subsection shall be deemed to have elected to become a member of the MPF scheme and, in any such case, the provisions of the Ordinance and the other provisions of this Regulation shall apply accordingly. (5) Subsections (1) and (2) shall not apply in the case of an existing member of the relevant ORSO registered scheme who is required by an enactment of a place outside Hong Kong to- (a) remain as a member of the scheme; and (b) make contributions to the scheme in relation to his employment by the relevant employer of the scheme.(6) Subsections (1) and (3) shall not apply in the case of a new eligible employee who is required by an enactment of a place outside Hong Kong to- (a) become a member of the relevant ORSO registered scheme; and (b) make contributions to the scheme in relation to his employment by the relevant employer of the scheme.(7) Subsection (4) shall not apply in the case of an existing member or new eligible employee to which subsection (2) or (3), as the case may be, does not apply by virtue of subsection (5) or (6) respectively. (8) The Authority may, subject to such conditions as the Authority thinks fit, by notice in writing (published in such manner as the Authority thinks fit) waive or modify any of the provisions of Part 2 of Schedule 1 in the case of- (a) a particular relevant ORSO registered scheme specified in the notice; (b) a relevant ORSO registered scheme belonging to a class of ORSO registered schemes specified in the notice; (c) a particular relevant employer specified in the notice; or (d) a relevant employer belonging to a class of relevant employers specified in the notice. Cap 485B s 16 Exemption (1) The Authority may on an application in writing issue an exemption certificate to the relevant employer in respect of a relevant ORSO registered scheme if the Authority is satisfied that the application and the scheme comply with the requirements of or under this Regulation which are applicable to the application or scheme, as the case may be. |
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